Section 47 of the Constitution of Urabba Parks

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Section 47 of the Constitution of Urabba Parks

Compiled text (Section 47 - Questions of vacancy)

Petitions to Court of Disputed Returns

(1)    The validity of an election or continuance in office for a member of a House of the Parliament can only be disputed by means of a petition to the Court of Disputed Returns from:

(a)    a candidate in that election;
(b)    an elector eligible to vote at the election in dispute;
(c)    the Returning Office; or
(d)    an entity as the Parliament provides.

Reference by House

(2)    A House of the Parliament may refer to the Court of Disputed Returns any question in relation to:

(a)    the qualification of a person to be, or continue to be, a member of the House; or
(b)    a vacancy in the House;

and the Court of Disputed Returns has jurisdiction to hear and determine a question referred under this subsection.

Saving of certain privileges and immunities

(3)    Despite subsections (1) and (2), a House of the Parliament may:

(a)    exercise its privileges and immunities in relation to the determination of whether a person has succeeded or been presented to a place having membership of the House, or is entitled by virtue of that place or appointment by the occupier of the place is entitled to sit in the House; or
(b)    where it is made to appear to the House that any act matter or thing whether occurring before or after the commencement of this section has or may have caused a person to be disqualified from election to the House or the seat of a member of the House to become vacant the House may, if it is satisfied that the act matter or thing:
(i)    has ceased to have effect;
(ii)    was in all the circumstances of a trifling nature; and
(iii)    occurred or arose without the actual knowledge or consent of the person or was accidental or due to inadvertence;

resolve that any act matter or thing falls in item 1 of the table in subsection 44(3), provided no resolution shall save as aforesaid not affect the determination of any petition with respect to the validity of any election or return that has been addressed to the Court of Disputed Returns.

Appointment of Court of Disputed Returns

(4)    Unless the Parliament otherwise provides:

(a)    the Court of Directors is the Court of Disputed Returns; and
(b)    the Court of Disputed Returns may be constituted by one judicial director.

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

Endnotes

Please see information about the endnotes and the abbreviation key

Legislation history
Statute or Instrument Number and year Assent Commencement Application, saving and transitional provisions
Constitution Adoption 2021 No. 1, 2021 11 Jan 2021 1 Feb 2021 (gaz 2021,p. 1)
Amendment history
Provision affected How affected

Relevant notes from the explanatory memorandum

151. Subsection (1) provides for the petition to the Court of Disputed Returns by candidates, electors, the Returning Office and other entities as the Parliament provides.

152. Under subsection (2), a House may refer to the Court of Disputed Returns a question of the appointment of one of its members.

153. Paragraph (3)(a) provides a House may exercise its privileges and immunities in relation to the determination of whether a person has succeeded or been presented to a place having membership of the House, or is entitled by virtue of that place or appointment by the occupier of the place is entitled to sit in the House.

154. Paragraph (3)(b) provides that a House may resolve that any act matter or thing falls in item 1 of the table in subsection 44(3) – this allows for the disregarding of minor technicalities which could prevent members from continuing in office.  Under item 1 of the table in subsection 44(3), only acts, matters and things that do not affect the ability of a person to be appointed or remain a director or charity trustee of Urabba Parks under an Australian law (see note 148(A)).  However, such resolution does not affect a petition to the Tribunal.

155. Under subsection (4), the Court of Directors is the Court of Disputed Returns and may be constituted by one judicial director.

See also

Notes

Judgments

Further reading

External links